The Benefits of Mediation

April 03, 2017
By
Smith Law Offices, LLC

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More and more people are opting for alternative dispute resolution in lieu
of a traditional divorce, meaning that if negotiations are successful,
they can skip going to court. Mediation is one type of alternative dispute
resolution. It is a semi-informal meeting in the presence of a neutral
third party who can help you and your spouse agree on the terms of a divorce.
Here are a few of the main benefits of opting for this popular choice.

Cost

Mediation is infinitely cheaper than litigation. Typically, attorneys will
charge either by the hour or by the day. As many divorces by litigation
can go on for months, these expenses can add up quickly. The average cost
of a divorce in Missouri is $13,500, and it goes up from there if the
divorce includes alimony and property division disputes. If people can’t
agree, they must go to court, and going to court is expensive. Mediation
offsets that cost by using a single attorney to help mediate the conversation
between you and your spouse. You and your wife or husband can even share
the cost of the lawyer.

Time

While it can also save you money, getting a mediated divorce can save you
time also. Instead of taking time off from work to haul yourself to court,
you can take a day to hash out the differences in a meeting between you,
your spouse, and your mediator. Instead of taking years, it could take
months, or even a weekend if you are both amenable to compromise.

Formality

Mediation is informal, meaning you are allowed to be more engaged in the
process than you would during a typical court case. Typically, in litigation,
only your attorneys will be doing the majority of the talking. However,
in mediation, you and your spouse get a say. The mediator can also focus
on your needs and interests rather than on your stated positions. You
are also allowed to change your mind, unlike a formal court hearing where
the judge’s word is law.

Confidentiality

Unlike court hearings, mediation is private. There are no records or transcripts
of what you or your spouse says during the process. Likewise, any evidence
introduced mediation can’t be used later or revealed, which is advantageous
for some parties.

Flexibility

Because of its informality, the parties are also more in control. Both
you and your spouse will have a greater say in the negotiations and more
control over the outcome. While the process will require you to make compromises,
being able to understand your spouse’s position through the mediator
might help resolve some issues faster than you would in court.

Results

People are usually happier with the end results of
mediation. Instead of being bullied into position through litigation, when couples
participate in negotiation through the divorce, they report a better outcome.
Likewise, there is no winner or loser in mediation, unlike a court case.
Because the results are also more favorable, and both parties have more
say in the process, both sides are also more likely to comply with the
dispute resolution. Once you conclude your divorce, you are more likely
to feel better about the outcome.

If you’re interested in exploring mediation as a means of resolving
your divorce, give us a call. Our skilled
St. Charles divorce attorneys can help. We have more than 20 years of legal experience to offer your
case. Let us see what we can do for you in a consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.